HB 560-FN - AS INTRODUCED

2015 SESSION

15-0041

04/10

HOUSE BILL 560-FN

AN ACT including a fetus in the definition of “another” for the purpose of certain criminal offenses.

SPONSORS: Rep. Rideout, Coos 7; Rep. Notter, Hills 21; Rep. Souza, Hills 43; Rep. Murotake, Hills 32; Rep. Baldasaro, Rock 5; Rep. Beaudoin, Straf 9; Rep. Richardson, Coos 4; Rep. V. Sullivan, Hills 16; Rep. Tucker, Rock 23; Rep. Bailey, Graf 14; Sen. Cataldo, Dist 6; Sen. Avard, Dist 12

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill provides that a fetus shall be included in the definition of “another” for the purpose of first and second degree murder, manslaughter, negligent homicide, and causing or aiding suicide.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0041

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT including a fetus in the definition of “another” for the purpose of certain criminal offenses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Homicide; Capital Murder. Amend RSA 630:1, IV to read as follows:

IV. As used in this section [and RSA 630:1-a, 1-b, 2, 3 and 4], the meaning of “another” [does] shall not include a [foetus] fetus.

2 New Paragraphs; First Degree Murder; Definition of Another; Exemption for Abortion. Amend RSA 630:1-a by inserting after paragraph III the following new paragraphs:

IV. For the purposes of this section and RSA 630:1-b, RSA 630:2, RSA 630:3, and RSA 630:4, the meaning of “another” shall mean another person, or a fetus as defined in subparagraph V(b).

V.(a) Nothing in this section or RSA 630:1-b, RSA 630:2, RSA 630:3, or RSA 630:4 shall apply to any act committed by the woman pregnant with the fetus, to any medical procedure, including abortion, performed by a physician or other licensed medical professional at the request of the pregnant woman or her legal guardian, or to the lawful dispensation or administration of lawfully prescribed medication. For the purposes of this section and RSA 630:1-b, RSA 630:2, RSA 630:3, or RSA 630:4, “abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the fetus. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of a fetus, or to remove a dead fetus caused by spontaneous abortion, or to remove an ectopic pregnancy.

(b) In this section, “fetus” means an unborn offspring, from the embryo stage which is the end of the eighth week after conception or, in the case of in vitro fertilization, the end of the eighth week after implantation, until birth.

3 Effective Date. This act shall take effect January 1, 2016.

LBAO

15-0041

01/23/15

HB 560-FN - FISCAL NOTE

AN ACT including fetus in the definition of “another” for the purpose of certain criminal offenses.

FISCAL IMPACT:

METHODOLOGY:

 

FY 2016

FY 2017

Judicial Branch*

 

 

Full-day jury trial in Superior Court

$2,063

$2,097

Appeals

Varies

Varies

*It should be noted average case cost estimates for FY 2016 and FY 2017 are based on data that is more than nine years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.

Department of Corrections

FY 2016

FY 2017

FY 2014 Average Cost of Incarcerating an Individual

$33,540

$33,540

FY 2014 Average Cost of Supervising an Individual on Parole/Probation

$535

$535

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Cost of Incarcerating an Individual

$35,000

$35,000